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The law facilitating the construction of “digital highways” promulgated by the President of Romania

Law no. 159/2016, regarding the regime of the physical infrastructure of electronic communications, as well as for the establishment of measures reducing the installation costs for electronic communications networks is meant to simplify the procedure of creating the electronic communication infrastructure. Thus, based on this enactment that was promulgated today:

  • The President of ANCOM is empowered to issue a decision, in the term of 9 months from the entering into force of the law, establishing the maximal fees which may be applied to the suppliers of electronic communications network, for the access in the public property immovable;
  • ANCOM will establish the maximum fees, based on a detailed methodology, and such fees will have a guiding character for the negotiation of prices for the access on the private properties of the state;
  • a building permit no longer has to be obtained for the replacement or adding of equipment to the networks of electronic communication, provided that no works are necessary with respect to the physical infrastructure;
  • the access contracts no longer have to be concluded in the form of an authenticated deed, simplifying the procedure of obtaining building permits and including the possibility of obtaining the access right based on a lease contract;
  • the interdiction of performing permanent works with respect to the installation of infrastructure elements on the land was removed;
  • the procedures for obtaining the certificate of urbanism and the building permit for the performance of electronic communication networks were simplified.